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Complete revisal of all the acts of Assembly, of the province of North-Carolina, now in force and use: together with the titles of all such laws as are obsolete, expired, or repealed: with marginal notes and references, and an exact table to the whole

4i8 LAWS of North-Carolina.
A. D. 1768.
Method where
Tobacc.) tendered
bj iMfptflors in
Dilcliarge of their
Notes, isiefufed.
Proceedings when
new lui'ptitors
fiJccecd
Infpefl'rsto per-iTiit
Own ts of
lij:bt Tobacco to
reprize it.
Samples of Tob.
t'(. be returned
iiitg the C. iks
To make all
Hc'giheadj wei(:h
I coo Iba. .
Owners rray
mark H'-iflieads
for fati'.fving
transfer Notes.
Infpeftors to lay
b(foie their
Courts Account
of transfer Notes,
To accoont with
their Courts for
all Mur.ies in
(itir H^tnds,
Manner, forfeit and pay the Sum of Five Pounds, like Money ; one Half to the Informer, and the
other Half to our Sovereign Lord the King, for fupporting the contingent Charges of this Province.
XXXIV. AND he it further EnaSfed, That when any Perfon fhall be intitled to receive any
Hogftiead of Tobacco, by Virtue of any Infpeftors Notes or Receipts, the Infpetflors fhall be obliged
to open the Hogniead, and fliew fuch Tobacco to the Perfon demanding the fame, if required, whe-ther
the fame be Crop or Transfer; and if fuch Perfon (hall refufe to accept of the Tobacco offered or
tendered him jn Payment, as bad, unfcund, and unmerchantable, fuch Perfon fo refufing, fhall make
immediate Application to any Three Juftices, near or neareft, whhin the fame County; and the faid
three Juftices fhall. take an Oath, before fome other Jullice of the faid County (which Oath the faid
Juftice is herc'by impowered to adminifter) carefully to view and examine the faid Tobacco, and, to
the heft of their Judgment, pafs or rejeft the fame ; and that they will therein do their Duty, accord-ing
to their' Judgment and Confcience, without Favour, or Afteflion : Which faid three Juftices {o
fworn, are hereby diretiled and required to repair to the Warehoufe where fuch Tobacco Ihall be
oU-ered, and carefully to view the' fame, in fuch Manner as they fliall think fit; and if any two of
them fliall judge the fame unfound and unmerchantable, to caufe the fame to be immediately burnt,
without being picked and feparated ; and for their Trouble therein, the faid Juftices fliall receive,
and be paid by the Infpedors who oft'ered the fame in Payn.tn.t, Five Shillings, Proclamation Money,
each ; but if by the faid Juftices the faid Tobacco fo tendered in Payment fliall be adjudged good and
merchantable, according to the Diredlions of this Aft, the faid Juuices fliall be paid by the Party de-firing
fuch View, Five Shillings as aforefaid: And when any Tobacco fliall be tendered or differed in
Payment by any hilpcdlor, and refufed, the faiil Infpcdtor fliall not be at Liberty to tender or offer in
Payment, nor the Ptrfon demanding the fame to leceive any Tobacco in Lieu thereof, before or after
the fame fliall have been viewed as aforef'.id ; but the Perfon refufing fliall immmediately mark the
fame : And if any Infpcftor fliall offer, or tender in Payment, any Tobacco in Lieu of the Tobacco fo
refufed, before the fame fliall have been viewed as aforefiid, or fliall'not produce the fame Tobacco fo
refufed to the faid Juftices, in either Cafe, it (hall be taken for a Conviclion, that the faid Tobacco
firft tendered was bad and unmerchantable; and moreover, the faid Infpedtors fliall forfeit and pay
Ten Pounds for every fuch Offence : And every Perfon accepting any Hogfliead of Tobacco in Lieu
of Tobacco fo refufed, before the fame fliall be viewed as afotefaid, fliall forfeit and pay Ten Pounds
for every fuch Offence.
XXXV. AND be it further Ena8ed, That when any new Infpeftor fliall be appointed at any of
the faid Warehoufcs, fuch new lufpedor or Infpedlors fliall, and they are hereby required, to give to
the Perfofi or Perfons whom they iTiall fuccced, a Receipt, with h's or their Hands fubfcribed, con-taining
the Number, Marks, Tare, Grofs, and Nett Weight, of every Hogfliead of Tobacco which
iliall be then at the fai 1 Warehoufe ; and Ihall be thenceforth charged with the Delivery and Payment
thereof; but fliall not be accountable for the Lofs of Weight or Quality of Tobacco therein
contained : And all Infpeftors delivering out ?ny Tobacco in Difcharge of fuch Notes, fliall be,
from thenceforth, difcharged and acquired thereof, or any Thing relating thereto ; any Thing herein*
contained to the contrary notwithltanding : And when any light crop Tobacco fliall be hereaftef
broiight to any of the faid Warehoufes, the laid Infpeftors, if required, fliall permit the Owner, or
other Perfon, to make Ufe of one or more of their Prizes, for the Repacking and Prizing the fame,
without Fee or Reward : And for all Tobacco repacked or prized by the Owner, there fliali be paid to
the Infpertors thereof. Three Shillings for Stamping ; and for all Tobacco repacked and reprized by
thclnfpedors, Five Shillings for each Hogfliead; and alfo. Six-pence for Nails ; unlefs the Proprie-tor
fliall provide them : And no Infpeftor fliall take or convert to his own Ufe, or otherwife difpofe of,
any Draughts or Samples of Tobacco ; but the fame (if fit to pafs) fliall be put again into the Hogfliead
out of which it was taken ; under the Penalty of Twenty-Shillings for every Draught fo converted ; to
be recovered before any Juftice of the Peace for the County wherein fuch Offence was committed : And
all Infpeftors, when required, fliall be obliged to prize any Hogfliead of Tobacco under One Thou-fand
Weight, fo as to make it up that Weight ; and fliall receive the fame Fee therefor, as for tranf-fer
Tobacco, arid make lawful Abatement for the Tobacco prized in ; and the faid Infpeftors, for all
Tobacco- by them paffed, fliall give a Note as aforefaid, in the Name of the Owner, and of no other
Perfon whatfjever.
XXXVL A N D he it further Enabled, That the Owner of any transfer Notes may, at any Time
before the Firft D.ay oiOS-oher, in every Year, receive and mark Hogflieads of Tobacco, for fatisfying
fuch Notes ; and the Infpedors fliall take in iheir fo/nier Notes, and deliver crop Notes for the fame;
and fliall be anfwerable for the fafe-keeping thereof ; and the Infpeilors thereof fliall be intitled to
receive Five Shillings and Si.x-pence for the Infpedion thereof, and finding Nails ; Two Shillings and-
Six- pence down, and Three Shillings when the faid Tobacco fliall be delivered : And the Infpeflor*
fliall, at the Cc urt to be held hv their County next after the Firft T>^' oi Oiloher^ Yearl), lay before
the Court, an Account, on Oath, of all transfer Notes that were not by them taken in before the faid'
Firft Day.of O.'/c/f/- ; and alter fuch Account fo exhibited, fliall fell the Tobacco in fuch Notes con-tained,
dediiiting for Shrinkage and V/aiieage, at public Auction, before the Door of the Court-
Houfc, between the Hours of Twelve and Three; and the Jnfpectors fliall pay the Money arifing by-fuch
Sale, in Satisfaftion of their faid Notes, from Time to Time, to the Proprietors demanding ther
fame : And all Infpeflors in the faid .Account, fliall account for all Tobacco gained or faved, upon;
the Allowance of Siuinkage of transfer Tobacco, in the fame Manner as before directed ; and fli.ill
account with the Court for the Money received for fuch Tobacco fo gained, in their Yearly Accci.nt.
XXXVII. AND he it further Enaaed, That all Infpectors fliall, Annually, at the next Court
held for their County after the firft Day oi Oiighcr, account with the faid Court,^ upon Oath, for all
Monie*

4i8 LAWS of North-Carolina.
A. D. 1768.
Method where
Tobacc.) tendered
bj iMfptflors in
Dilcliarge of their
Notes, isiefufed.
Proceedings when
new lui'ptitors
fiJccecd
Infpefl'rsto per-iTiit
Own ts of
lij:bt Tobacco to
reprize it.
Samples of Tob.
t'(. be returned
iiitg the C. iks
To make all
Hc'giheadj wei(:h
I coo Iba. .
Owners rray
mark H'-iflieads
for fati'.fving
transfer Notes.
Infpeftors to lay
b(foie their
Courts Account
of transfer Notes,
To accoont with
their Courts for
all Mur.ies in
(itir H^tnds,
Manner, forfeit and pay the Sum of Five Pounds, like Money ; one Half to the Informer, and the
other Half to our Sovereign Lord the King, for fupporting the contingent Charges of this Province.
XXXIV. AND he it further EnaSfed, That when any Perfon fhall be intitled to receive any
Hogftiead of Tobacco, by Virtue of any Infpeftors Notes or Receipts, the Infpetflors fhall be obliged
to open the Hogniead, and fliew fuch Tobacco to the Perfon demanding the fame, if required, whe-ther
the fame be Crop or Transfer; and if fuch Perfon (hall refufe to accept of the Tobacco offered or
tendered him jn Payment, as bad, unfcund, and unmerchantable, fuch Perfon fo refufing, fhall make
immediate Application to any Three Juftices, near or neareft, whhin the fame County; and the faid
three Juftices fhall. take an Oath, before fome other Jullice of the faid County (which Oath the faid
Juftice is herc'by impowered to adminifter) carefully to view and examine the faid Tobacco, and, to
the heft of their Judgment, pafs or rejeft the fame ; and that they will therein do their Duty, accord-ing
to their' Judgment and Confcience, without Favour, or Afteflion : Which faid three Juftices {o
fworn, are hereby diretiled and required to repair to the Warehoufe where fuch Tobacco Ihall be
oU-ered, and carefully to view the' fame, in fuch Manner as they fliall think fit; and if any two of
them fliall judge the fame unfound and unmerchantable, to caufe the fame to be immediately burnt,
without being picked and feparated ; and for their Trouble therein, the faid Juftices fliall receive,
and be paid by the Infpedors who oft'ered the fame in Payn.tn.t, Five Shillings, Proclamation Money,
each ; but if by the faid Juftices the faid Tobacco fo tendered in Payment fliall be adjudged good and
merchantable, according to the Diredlions of this Aft, the faid Juuices fliall be paid by the Party de-firing
fuch View, Five Shillings as aforefaid: And when any Tobacco fliall be tendered or differed in
Payment by any hilpcdlor, and refufed, the faiil Infpcdtor fliall not be at Liberty to tender or offer in
Payment, nor the Ptrfon demanding the fame to leceive any Tobacco in Lieu thereof, before or after
the fame fliall have been viewed as aforef'.id ; but the Perfon refufing fliall immmediately mark the
fame : And if any Infpcftor fliall offer, or tender in Payment, any Tobacco in Lieu of the Tobacco fo
refufed, before the fame fliall have been viewed as aforefiid, or fliall'not produce the fame Tobacco fo
refufed to the faid Juftices, in either Cafe, it (hall be taken for a Conviclion, that the faid Tobacco
firft tendered was bad and unmerchantable; and moreover, the faid Infpedtors fliall forfeit and pay
Ten Pounds for every fuch Offence : And every Perfon accepting any Hogfliead of Tobacco in Lieu
of Tobacco fo refufed, before the fame fliall be viewed as afotefaid, fliall forfeit and pay Ten Pounds
for every fuch Offence.
XXXV. AND be it further Ena8ed, That when any new Infpeftor fliall be appointed at any of
the faid Warehoufcs, fuch new lufpedor or Infpedlors fliall, and they are hereby required, to give to
the Perfofi or Perfons whom they iTiall fuccced, a Receipt, with h's or their Hands fubfcribed, con-taining
the Number, Marks, Tare, Grofs, and Nett Weight, of every Hogfliead of Tobacco which
iliall be then at the fai 1 Warehoufe ; and Ihall be thenceforth charged with the Delivery and Payment
thereof; but fliall not be accountable for the Lofs of Weight or Quality of Tobacco therein
contained : And all Infpeftors delivering out ?ny Tobacco in Difcharge of fuch Notes, fliall be,
from thenceforth, difcharged and acquired thereof, or any Thing relating thereto ; any Thing herein*
contained to the contrary notwithltanding : And when any light crop Tobacco fliall be hereaftef
broiight to any of the faid Warehoufes, the laid Infpeftors, if required, fliall permit the Owner, or
other Perfon, to make Ufe of one or more of their Prizes, for the Repacking and Prizing the fame,
without Fee or Reward : And for all Tobacco repacked or prized by the Owner, there fliali be paid to
the Infpertors thereof. Three Shillings for Stamping ; and for all Tobacco repacked and reprized by
thclnfpedors, Five Shillings for each Hogfliead; and alfo. Six-pence for Nails ; unlefs the Proprie-tor
fliall provide them : And no Infpeftor fliall take or convert to his own Ufe, or otherwife difpofe of,
any Draughts or Samples of Tobacco ; but the fame (if fit to pafs) fliall be put again into the Hogfliead
out of which it was taken ; under the Penalty of Twenty-Shillings for every Draught fo converted ; to
be recovered before any Juftice of the Peace for the County wherein fuch Offence was committed : And
all Infpeftors, when required, fliall be obliged to prize any Hogfliead of Tobacco under One Thou-fand
Weight, fo as to make it up that Weight ; and fliall receive the fame Fee therefor, as for tranf-fer
Tobacco, arid make lawful Abatement for the Tobacco prized in ; and the faid Infpeftors, for all
Tobacco- by them paffed, fliall give a Note as aforefaid, in the Name of the Owner, and of no other
Perfon whatfjever.
XXXVL A N D he it further Enabled, That the Owner of any transfer Notes may, at any Time
before the Firft D.ay oiOS-oher, in every Year, receive and mark Hogflieads of Tobacco, for fatisfying
fuch Notes ; and the Infpedors fliall take in iheir fo/nier Notes, and deliver crop Notes for the fame;
and fliall be anfwerable for the fafe-keeping thereof ; and the Infpeilors thereof fliall be intitled to
receive Five Shillings and Si.x-pence for the Infpedion thereof, and finding Nails ; Two Shillings and-
Six- pence down, and Three Shillings when the faid Tobacco fliall be delivered : And the Infpeflor*
fliall, at the Cc urt to be held hv their County next after the Firft T>^' oi Oiloher^ Yearl), lay before
the Court, an Account, on Oath, of all transfer Notes that were not by them taken in before the faid'
Firft Day.of O.'/c/f/- ; and alter fuch Account fo exhibited, fliall fell the Tobacco in fuch Notes con-tained,
dediiiting for Shrinkage and V/aiieage, at public Auction, before the Door of the Court-
Houfc, between the Hours of Twelve and Three; and the Jnfpectors fliall pay the Money arifing by-fuch
Sale, in Satisfaftion of their faid Notes, from Time to Time, to the Proprietors demanding ther
fame : And all Infpeflors in the faid .Account, fliall account for all Tobacco gained or faved, upon;
the Allowance of Siuinkage of transfer Tobacco, in the fame Manner as before directed ; and fli.ill
account with the Court for the Money received for fuch Tobacco fo gained, in their Yearly Accci.nt.
XXXVII. AND he it further Enaaed, That all Infpectors fliall, Annually, at the next Court
held for their County after the firft Day oi Oiighcr, account with the faid Court,^ upon Oath, for all
Monie*